SEEC says McMahon used 'deceitful tactics' in mailers

The State Election Enforcement Commission has issued a warning to Republican U.S. Senate candidate Linda McMahon's campaign about its "deceitful tactics" concerning dissemination of absentee ballot applications.

The commission, in a letter to the campaign commitee, said it has received dozens of complaints from members of the public and town clerk's offices.

The letter, dated Oct. 25, was sent by Michael Brandi, executive director and general counsel of the SEEC, to Corry Bliss, campaign manager for McMahon.

Brandi said the complaints all refer to the "confusion and perceived impropriety" of the committee's approach to the dissemination of these applications and information, particularly to elderly voters.

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Brandi specifically refers to the "committee's use of envelopes disguised as 'official' or government communications. Futhermore, there have been concerns about the committee's phone banking where the voters are given a return telephone number of their town clerk's office, leaving their staffs inundated with calls. There is also confusion being caused by these messages and misrepresentation regarding ballot applications for the upcoming November 6, 2012 election," Brandi wrote.

The "deceitful tactics" reference is in a cover letter, to one of the complaintants, Mary Zorzanello of New Haven, from William Smith, staff attorney for the SEEC, who sent her a copy of Brandi's letter.

Brandi told Bliss the SEEC has not taken action on the complaints thus far "for jurisdictional reasons," but said they view the issues "with grave concern."

The McMahon campaign dismissed the issue and blamed the complaints on Democratic clerks. The multimillionaire McMahon is in a bitter race with Democrat U.S. Rep. Chris Murphy in a contest dominated by negative ads.

"With respect to absentee ballots, the McMahon campaign has complied with every law and regulation on the books, has sought and received guidance from the secretary of state every step of the way, and has discussed the SEEC's letter with them and been assured that we have done nothing improper. The only people who are raising this issue are Democrat clerks who are complaining about having to deal with the increased volume because this is the first statewide absentee ballot program they have seen in a long time from a candidate outside of their own party," said Todd Abrajano, spokesman for the campaign.

Brandi did not return calls seeking comment.

The letter refers to statutes that cover the dissemination of these applications and also cites criminal statutes on "attempts to influence or interfere with an elector by corrupt means" as well "misrepresentation of eligibility for voting by absentee ballots."

The SEEC warned the campaign that any violations will be pursued by the commission and it will continue to monitor the issue, as will federal and state law enforcement.

The rules on disseminating absentee ballot applications require that the voter be made aware of the limited six reasons one can use an absentee ballot, as well as the warning that any other reason could subject the voter to civil and criminal penalties, all of which are contained in a separate two-page letter as part of the package, which includes reasons why the elector should vote for McMahon.

Including campaign literature is allowed.

"I'm still getting people asking me, 'Why are you sending this to me?'" said Secretary of the State Denise Merrill. "They will say: 'It sounded like it came from the town. It sounded like they are sanctioning voting for her.'"

Merrill said the campaign's approach "is a little questionable."

"She is pushing the limits and it does confuse people. It is inappropriate," Merrill said, but ultimately, "it is legal as far as we can tell."

Av Harris, the spokesman for her office, said there may be a need to tighten up the language of the statute.

Separately from this letter, the secretary of the state's office has turned over an email that came from the campaign to a voter which contains a link to the Federal Write-In Absentee Ballot, which generally is an option for those in the Armed Forces or voters out of the country who are having a hard time getting an absentee ballot application.

One was sent to a Robert Nosal thanking him for his service to the country and pointing out the write-in option for him to vote. It asks that he consider voting for McMahon.

"Thank you in advance for your vote and support. But I can't win without your vote and the votes of your friends and family on November 6. Please don't wait for your regular absentee ballot to arrive. Vote today by using the FWAB," it reads.

Aileen Nosal, the Republican assistant town clerk in Newtown, forwarded the email to the Newtown Town Clerk Debbie Aurelia, asking if the recommendation to not wait for the absentee ballot was legal. The secretary of the state's office forwarded it to the FBI for it to determine if the political message was appropriate given that the state office would not have jurisdiction over this ballot. The FBI has so far not responded.

Several of the town clerks said the Republican campaign came this summer and asked for 800 absentee ballot applications.

"We haven't seen a statewide campaign in Connecticut really be as comprehensively aggressive at getting people to vote by absentee ballot. So that's something new," Harris said.

The pitch from McMahon, in the separate letter, addresses the voter by name and lays out her platform, from her six-point jobs plan to a proposed tax cut and reduction in regulations, while it slams "career politicians."

The six reasons that a voter can legally vote by absentee ballot are: Active duty in the U.S. Armed Forces; absence from town during all the hours of voting; an illness; a physical disability; a religious rule that forbids secular activity on that day; and required presence at a polling place other than your own for the entire time the polls are open.

Zorzanello was one of the voters who complained about the material. She obtained an absentee ballot application for her 95-year-old father, Baselio Zorzanello, and delivered the ballot to Orange Town Hall, as he is a town resident.

In the meantime, the material had arrived from the campaign and his caretaker had put it aside. It was stamped "DO NOT TAMPER OFFICIAL DOCUMENT" in one corner of the envelope and in the other corner said "STATE OF CONNECTICUT ABSENTEE BALLOT APPLICATION ENCLOSED."

She thought she had done something incorrectly and assumed the clerk had returned his ballot, until she opened it. Zorzanello said her father got several phone calls from the campaign on whether he had received the application until he told them to stop.

"To me, this is a predatory campaign practice. It appears to be instructing them. It's unethical," Zorzanello said, particularly when directed at the elderly.

Some towns, like North Haven, haven't noticed much of a difference in the number of absentee voters, but other noted a marked increase.

During the last presidential election, Hamden had received 830 absentee ballots by Oct. 25, 2008. By Oct. 25, 2012, the town had received 1160.

In West Haven, town clerks received a total of 550 absentee ballots for the '08 election. This year, by Oct. 25, they had gathered 607. Clerks from Woodbridge and Milford said they had yet to surpass their '08 figures, but expected they might.

Milford City Clerk Linda Stock said, "According to a couple clerks who were here last presidential election, there are a lot more than previously. And they're still coming in. They come in in droves."

Stephanie Ciarleglio, the town clerk of Woodbridge, said she thinks the town might exceed last election's numbers. To be safe, she said she ordered extra absentee ballots.